2 min readMumbaiMar 4, 2026 04:42 PM ISTThe Bombay High Court remanded the matter back to the Nashik family court. (Image created by AI)Observing that divorce could not be granted merely by relying on WhatsApp chats, without substantiated evidence and with no rebuttal opportunity given to the spouse, the Bombay High Court last week set aside a Nashik family court’s order that granted divorce to a man from his wife on the grounds of cruelty.A bench of Justices Bharati H Dangre and Manjusha Deshpande passed an order on February 27 on a plea filed by a woman challenging the family court’s ex parte order from May 2025, which granted him divorce under the Hindu Marriage Act 1955.Advocate Shubham Sane, appearing for the woman, argued that the family court passed the order based on the sole ground of a WhatsApp chat relied on by the husband to prove cruelty by the wife.The family court had observed that the woman had “started using sinister pressure tactics, emotional blackmail and intemperate language against husband and in-laws, subjecting everyone to mental cruelty”.“A wife cannot use such pressure tactics; therefore, the petitioner is not supposed to live with the respondent. Hence, the petitioner is entitled to divorce,” the family court had held.The high court bench, after perusing the family court’s observations, noted that it was “apparent that the testimony of the husband is stated to be supported by WhatsApp chat and messages between the parties and there is no opportunity given to rebut the said evidence by the wife”.The bench observed, “Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence. Therefore, according to us, the Judgment & Decree of Divorce needs to be set aside by remanding the matter back to the Family Court, by granting opportunity to the Appellant-Wife to be heard and liberty to lead evidence.”Story continues below this adThe high court set aside the impugned order and remanded the matter back to the family court for determining all issues raised in the petition by leading evidence.The bench further said the parties were free to explore the possibility of settlement through mediation, as suggested by the husband’s advocate, Sanjay P Shinde. © The Indian Express Pvt LtdTags:divorce